Editorial: Judge is on target with NSA spy program criticism

With each revelation, it has become perfectly clear U.S. surveillance programs must be reined in - that the power of the government has gotten out of control and must be checked.

The latest voice rising to the occasion is U.S. District Judge Richard Leon, who rightly has offered a blistering criticism of the National Security Agency's operations. He says, "I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware 'the abridgment of freedom of the people by gradual and silent encroachments by those in power,' would be aghast."

The government's spying techniques are too random, capturing innocent people in the net without a hint of due process through judicial oversight. Specifically, Leon says the bulk collection of millions of Americans' telephone records likely violates the U.S. Constitution's ban on unreasonable searches.

Leon is no "bleeding heart liberal" judge who thinks terror suspects should be coddled. He was appointed by President George W. Bush in the aftermath of 9/11. But he also apparently understands that, under the Fourth Amendment of the Constitution, Americans are supposed to have protection against unreasonable search and seizures.

Though Leon's blistering comments are drawing much attention, this isn't the first time a federal judge has criticized the spying operation. District Judge Reggie Walton almost shut down the government's operation after he "lost confidence" in officials' ability to manage it.

Technology has all but annihilated a person's right to privacy, but the public, and the courts, can fight back in many ways. It's likely questions about the legality of NSA spy programs will have to be decided by the Supreme Court.

Yes, the country's intelligence and law enforcement agencies must have substantial tools to provide national security and to go after terrorism. But, in his ruling, Leon noted the government failed to produce any evidence showing that the NSA's "metadata" collection ever prevented a terrorist attack.

These sweeping tactics have to be stopped unless the government can effectively show why they are needed.

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Editorial: Judge is on target with NSA spy program criticism

With each revelation, it has become perfectly clear U.S. surveillance programs must be reined in ? that the power of the government has gotten out of control and must be checked.

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